THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF MARITIME 
NAVIGATION AND FIXED PLATFORMS ON CONTINENTAL SHELF ACT, 2002 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent, application and commencement. 
2.  Definitions. 

CHAPTER II 

OFFENCES 

3.  Offences against ship, fixed platform, cargo of a ship, maritime navigational facilities, etc. 
4.  Conferment of powers of investigation. 
5.  Designated Courts. 
6.  Offence triable by Designated Court. 
7.  Application of Code to proceedings before a Designated Court. 
8.  Provision as to bail. 

CHAPTER III 

MISCELLANEOUS 

9.  Provisions as to extradition. 
10.  Contracting parties to Convention or Protocol. 
11.  Power to treat certain ships to be registered in Convention States. 
12.  Previous sanction necessary for prosecution. 
13.  Presumptions as to offences under section 3. 
14.  Protection of action taken in good faith. 

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THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF MARITIME 
NAVIGATION AND FIXED PLATFORMS ON CONTINENTAL SHELF ACT, 2002 

ACT NO. 69 OF 2002 

[20th December, 2002.] 

An Act to give effect to the International Maritime Organisation Convention for Suppression of 
Unlawful  Acts  Against  the  Safety  of  Maritime  Navigation  and  the  Protocol  for  the 
Suppression  of  Unlawful  Acts  Against  the  Safety  of  Fixed  Platforms  Located  on  the 
Continental Shelf and for matters connected therewith. 

WHEREAS  a  Convention  for  the  Suppression  of  Unlawful  Acts  Against  the  Safety  of  Maritime 
Navigation and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms 
Located on the Continental Shelf were signed at Rome on the 10th day of March, 1988; 

AND  WHEREAS  India,  having  acceded  to  the  said  Convention  and  the  Protocol,  should  make 

provisions for giving effect thereto and formatters connected therewith; 

BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent,  application  and  commencement.—(1)  This  Act  may  be  called  the 
Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental 
Shelf Act, 2002. 

(2) It extends to the whole of India including the limit of the territorial waters, the continental shelf, 
the exclusive economic zone or any other maritime zone of India within the meaning of section 2 of the 
Territorial  Waters,  Continental  Shelf,  Exclusive  Economic  Zone  and  other  Maritime  Zones  Act,  1976         
(80 of 1976). 

(3) Save as otherwise provided, it shall apply— 

(a) to any offence under section 3 committed outside India by any person; 

(b)  to  a  ship,  if  that  ship  is  navigating  or  scheduled  to  navigate  into,  through  or  from  waters 
beyond the outer limits of the territorial waters of India, or the lateral limits of its territorial waters 
with adjacent States; 

(c) when the offence is committed on board a ship in the territorial waters of India or against a 

fixed platform located on the Continental Shelf of India. 

(4)  Notwithstanding  anything  contained  in  sub-section  (3),  this  Act  shall  apply  only  to  offences 

committed by an offender or alleged offender,— 

(a) when such an offender is found in the territory of a Convention State; 

(b) when such an offender is found in the territory of a Protocol State in whose internal water or 

territorial waters or continental shelf the fixed platform is located; or 

(c) when such an offender is found in the territory of a State other than the State referred to in 

clause (a) or clause (b). 
(5)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974); 

1. 1st February, 2003, vide notification No. S.O. 115(E), dated 30th, January, 2003, see Gazette of India, Extraordinary, Part 

II, sec. 3(ii). 

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(b) "Continental Shelf of India" shall have the meaning assigned to it in the Territorial Waters, 

Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976); 

(c) "Convention" means the Convention for the Suppression of Unlawful Acts Against the Safety 
of  Maritime  Navigation,  signed  at  Rome  on  the10th  day  of  March,  1988  as  amended  from  time  to 
time; 

(d) "Convention State" means a State Party to the Convention; 

(e)  "fixed  platform"  means  an  artificial  island,  installation  or  structure  permanently  attached  to 
the  seabed  for  the  purpose  of  exploration  for,  or  exploitation  of  resources  or  for  other  economic 
purposes; 

(f)  "Protocol"  means  the  Protocol  for  the  Suppression  of  Unlawful  Acts  Against  the  Safety  of 
Fixed Platforms Located on the Continental Shelf adopted at Rome on the 10th day of March,1988 as 
amended from time to time; 

(g) "Protocol State" means a State Party to the Protocol; 

(h)  "ship"  means  a  vessel  of  any  type  whatsoever  not  permanently  attached  to  the  seabed  and 

includes dynamically supported craft, submersibles, or any other floating craft. 

CHAPTER II 

OFFENCES 

3.  Offences  against  ship,  fixed  platform,  cargo  of  a  ship,  maritime  navigational  facilities,           

etc.—(1) Whoever unlawfully and intentionally— 

(a) commits an act of violence against a person on board a fixed platform or a ship which is likely 
to endanger the safety of the fixed platform or, as the case may be, safe navigation of the ship shall be 
punished with imprisonment for a term which may extend to ten years and shall also be liable to fine; 

(b) destroys a fixed platform or a ship or causes damage to a fixed platform or a ship or cargo of 
the ship in such manner which is likely to endanger the safety of such platform or safe navigation of 
such ship shall be punished with imprisonment for life; 

(c) seizes or exercises control over a fixed platform or a ship by force or threatens or in any other 

form intimidates shall be punished with imprisonment for life; 

(d) places or causes to be placed on a fixed platform or a ship, by any means whatsoever, a device 
or substance which is likely to destroy that fixed platform or that ship or cause damage to that fixed 
platform or that ship or its cargo which endangers o is likely to endanger that fixed platform or the 
safe  navigation  of  that  ship  shall  be  punished  with  imprisonment  for  a  term  which  may  extend  to 
fourteen years; 

(e) destroys or damages maritime navigational facilities or interferes with their operation if such 
act is likely to endanger the safe navigation of a ship shall be punished with imprisonment for a term 
which may extend to fourteen years; 

(f)  communicates  information  which  he  knows  to  be  false  thereby  endangering  the  safe 
navigation of a ship shall be punished with imprisonment for a term which may extend to fourteen 
years and shall also be liable to fine; 

(g)  in  the  course  of  commission  of  or  in  attempt  to  commit,  any  of  the  offences  specified  in 

clauses (a) to (d) in connection with a fixed platform or clauses (a) to (f) in connection with a ship— 

(i) causes death to any person shall be punished with death; 

(ii) causes grievous hurt to any person shall be punished with imprisonment for a term which 

may extend to fourteen years; 

(iii) causes injury to any person shall be punished with imprisonment for a term which may 

extend to ten years; 

(iv) seizes or threatens a person shall be punished with imprisonment for a term which may 

extend to ten years; and 

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(v) threatens to endanger a ship or a fixed platform shall be punished with imprisonment for a 

term which may extend to two years. 

(2)  Whoever  attempts  to  commit,  or  abets  the  commission  of,  an  offence  punishable  under                   

sub-section  (1)  shall  be  deemed  to  have  committed  such  offence  and  shall  be  punished  with  the 
punishment provided for such offence. 

(3) Whoever unlawfully or intentionally threatens a person to compel that person to do or refrain from 
doing any act or to commit any offence specified in clause (a), clause (b) or clause (c) of sub-section (1), 
if  such  threat  is  likely  to  endanger  the  safe  navigation  of  a  ship  or  safety  of  a  fixed  platform  shall  be 
punished with the punishment provided for such offence. 

(4) Where any act referred to in sub-section (1) is committed,— 

(a) against or on board— 

(i) an Indian ship at the time of commission of the offence; or 

(ii) any ship in the territory of India including its territorial waters; 

(b) by a stateless person, 

such act shall be deemed to be an offence committed by such person for the purposes of this Act. 

Explanation.—In  this  sub-section,  the  expression "stateless  person"  means a  person  whose  habitual 

residence is in India but he does not have nationality of any country. 

(5) Where an offence under sub-section (1) is committed and the person accused of or suspected of 
the commission of such offence is present in the territory of India and is not extradited to any Convention 
State or Protocol State, as the case may be, such person shall be dealt with in India in accordance with the 
provisions of this Act. 

(6)  On  being  satisfied  that  the  circumstances  so  warrant,  the  Central  Government  or  any  other 
authority designated by it shall take the person referred to in sub-section (5) and present in the territory of 
India into custody or take measures, in accordance with the law for the time being in force, to ensure his 
presence  in  India  for  such  time  as  is  necessary  to  enable  any  criminal  or  extradition  proceeding  to  be 
instituted: 

Provided that when a person is taken into custody under this sub-section, it shall be necessary for the 
Central Government or any other authority designated by it to notify the Government of any Convention 
State or Protocol State which have also established jurisdiction over the offence committed or suspected 
to have been committed by the person in custody. 

(7) Subject to the provisions of sub-section (8), where an offence under sub-section (1) is committed 
outside India, the person committing such offence may be dealt with in respect thereof as if such offence 
had been committed at any place within India at which he may be found. 

(8)  No court shall take  cognizance  of an  offence punishable  under  this  section  which is committed 

outside India unless— 

(a) such offence is committed on a fixed platform or on board a ship flying the Indian flag at the 

time the offence is committed; 

(b) such offence is committed on board a ship which is for the time being chartered without crew 
to  a lessee  who  has  his  principal  place  of  business,  or  where  he has no  such  place  of  business, his 
permanent residence, is in India; or 

(c) the alleged offender is a citizen of India or is on a fixed platform or on board a ship in relation 

to which such offence is committed when it enters the territorial waters of India or is found in India. 

4.  Conferment  of  powers  of investigation.—(1)  Notwithstanding  anything  contained  in the  Code, 
for the purpose of this Act, the Central Government may, by notification in the Official Gazette, confer on 
any gazetted officer of the Coast Guard or any other gazetted officer of the Central Government powers 
of arrest, investigation and prosecution exercisable by a police officer under the Code. 

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(2) All officers of police and all officers of Government are hereby required and empowered to assist 
the officer of the Central Government referred to in sub-section (1), in the execution of provisions of this 
Act. 

Explanation.—For  the  purpose  of  this  section,  "officer  of  the  Coast  Guard"  means  an  officer  as 

defined in clause (q) of section 2 of the Coast Guard Act, 1978 (30 of 1978). 

5.  Designated  Courts.—(1)  For  the  purpose  of  providing  for  speedy  trial,  the  State  Government 
shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, 
specify  a  Court  of  Session  to  be  a  Designated  Court  for  such  area  or  areas  as  may  be  specified  in  the 
notification. 

(2) Notwithstanding anything contained in the Code, a Designated Court shall, as far as practicable, 

hold the trial on a day-to-day basis. 

6. Offence triable by Designated Court.—(1) Notwithstanding anything contained in the Code,— 

(a)  all  offences  under  this  Act  shall  be  triable  only  by  the  Designated  Court  specified  under             

sub-section (1) of section 5; 

(b)  where  a  person  accused  of  or  suspected  of  the  commission  of  an  offence  under  this  Act  is 
forwarded to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code, such 
Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not 
exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in 
the whole where such Magistrate is an Executive Magistrate: 

Provided that where such Magistrate considers,— 

(i) when such person is forwarded to him as aforesaid; or 

(ii) upon or at any time before the expiry of the period of detention authorised by him, 

that  the  detention  of  such  person  is  unnecessary,  he  shall  order  such  person  to  be  forwarded  to  the 
Designated Court having the jurisdiction; 

(c) the Designated Court may exercise, in relation to the person forwarded to it under clause (b), 
the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 
of the Code, in relation to an accused person in such case who has been forwarded to him under that 
section; 

(d)  a  Designated  Court  may,  upon  a  perusal  of  a  complaint  made  by  an  officer  of  the  Central 
Government or the State Government, as the case may be, authorised in this behalf, take cognizance 
of that offence without the accused being committed to it for trial. 

(2) When trying an offence under this Act, a Designated Court may also try an offence other than an 

offence under this Act, with which the accused may, under the Code, be charged at the same trial. 

7. Application of Code to proceedings before a Designated Court.—Save as otherwise provided in 
this  Act,  the  provisions  of  the  Code  shall  apply  to  the  proceedings  before  a  Designated  Court  and  the 
person conducting a prosecution before a Designated Court shall be deemed to be a Public Prosecutor. 

8. Provision as to bail.—(1) Notwithstanding anything in the Code, no person accused of an offence 

punishable under this Act shall, if in custody, be released on bail or on his own bond unless— 

(a)  the  Public  Prosecutor  has  been  given  an  opportunity  to  oppose  the  application  for  such 

release; and 

(b)  where  the  Public  Prosecutor  opposes  the  application,  the  Court  is  satisfied  that  there  are 
reasonable  grounds  for  believing  that  he  is  not  guilty  of  such  offence  and  that  he  is  not  likely  to 
commit any offence while on bail. 

(2) The limitations on granting of bail specified in sub-section (1) are in addition to the limitations 

under the Code or any other law for the time being in force on granting of bail. 

(3) Nothing contained in this section shall be deemed to affect the special powers of the High Court 

regarding bail under section 439 of the Code. 

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CHAPTER III 

MISCELLANEOUS 

9.  Provisions  as  to  extradition.—(1)  The  offences  under  section  3shall  be  deemed  to  have  been 
included  as  extraditable  offences  and  provided  for  in  all  the  extradition  treaties  made  by  India  with 
Convention  States  or  Protocol  States  and  which  extend  to,  and  are  binding  on,  India  on  the  date  of 
commencement of this Act. 

(2) For the purposes of the application of the Extradition Act, 1962(34 of 1962) to offences under this 
Act,  any  ship  registered  in  a  Convention  State  or  Protocol  State  shall,  at  any  time  while  that  ship  is 
plying, be deemed to be within the jurisdiction of that Convention State or Protocol State, whether or not 
it is for the time being also within the jurisdiction of any other country. 

10. Contracting parties to Convention or Protocol.—The Central Government may, by notification 
in the Official Gazette, certify as to which are the Convention States or Protocol States and to what extent 
such States have availed themselves of the provisions of the Convention or Protocol, as the case may be, 
and any such notification shall be conclusive evidence of the matters certified therein. 

11.  Power  to  treat  certain  ships  to  be  registered  in  Convention  States.—If  the  Central 
Government  is  satisfied  that  the  requirements  of  the  Convention  have  been  satisfied  in  relation  to  any 
ship, it may, by notification in the Official Gazette, direct that such ship shall, for the purposes of this Act, 
be deemed to be registered in such Convention State as may be specified in the notification. 

12.  Previous  sanction  necessary  for  prosecution.—No  prosecution  for  an  offence  under  this  Act 

shall be instituted except with the previous sanction of the Central Government. 

13.  Presumptions  as  to  offences  under  section  3.—In  a  prosecution  for  an  offence  under                 

sub-section (1) of section 3, if it is proved— 

(a) that the arms, ammunition or explosives were recovered from the possession of the accused 
and there is reason to believe that such arms, ammunition or explosives of similar nature were used in 
the commission of such offence; 

(b) that there is evidence of use of force, threat of force or any other form of intimidation caused 

to the crew or passengers in connection with the commission of such offence; or 

(c)  that  there  is  evidence  of  an  intended  threat  of  using  bomb,  fire,  arms,  ammunition,  or 
explosives  or  committing  any  form  of  violence  against  the  crew,  passengers  or  cargo  of  a  ship  or 
fixed platform located on the Continental Shelf of India, 

the Designated Court shall presume, unless the contrary is proved, that the accused had committed such 
offence. 

14.  Protection  of  action  taken  in  good  faith.—(1)  No  suit,  prosecution  or  other  legal  proceeding 
shall lie against any person for anything which is in good faith done or intended to be done in pursuance 
of the provisions of this Act. 

(2) No suit or other legal proceeding shall lie against the Central Government for any damage caused 
or likely to be caused for anything which is in good faith done or intended to be done in pursuance of the 
provisions of this Act. 

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